the Mexican commander offer them quarters or enter into a treaty in consequence of such offers. To sustain facts of such an importance, it is necessary lo have the evidence of them, and I am sure that these can never be proved. The official report that Gen. Urrea, who commanded at that action, sent to me, says: "That bcinu in siuht of Goliad t, t, (where Fannin was stationed with his party) he was informed that the enemy was on the retreat towards Victoria, which was not perceived before, on account of a very thick fog, and that he immediately followed in pursuit and overlook him at the place called Encinal del Perclido, where he fought him until night; that on the next clay he received part of his artillery and infantry, with which he continued the action: That Fannin then, seeing his unevitable loss, hoisted a white flag, and sent a paper written with a pencil containing some articles, offering to surrender, if their lives were guaranteed, &c., to which Gen. Urrea answered in the negative, adding that if they did not instantly surrender, he would renew the action. Fannin then surrendered and gave up his arms &c., leaving every thing in possession of Gen. Urrea, who sent the prisoners and wounded to Goliad, a11CI proceeded to Victoria. This is in substance the official report of Gen. Urrea, as is to be seen in the Government Gazette of Mexico, for I had sent the original report to the Secretary of War, as was my duty to do for the information of His Excellency the acting President of the Republic. The military Commandant of Goliad apprised me of the burning of that town by Fannin, when he left that fort; resulting, in consequence, that no house was left to the inhabitants, and their indignation was excited; and at the same time they lamented the loss of their cattle, which reduced them to the most dreadful situation. That commandant communicated to me afterwards, that the decree of the Supreme government had been executed on those comprehended in it, not having done so with 86 individuals from New Orleans, who were taken at Copano and immediately laid down their arms when summoned to do so. Although it was well known that the object of the said party was to unite with Fannin, for which they were prepared with arms, I ordered them lo be retained as prisoners, in which situation they have remained. I commanded the same thing should
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